Escolar Documentos
Profissional Documentos
Cultura Documentos
10/1/15
Midterm 1 Essays
Obergefell v. Hodges
There does exist a constitutional right for persons to enter into a
polygamous marriage; since the U.S. Supreme Court ruled that there exists a
constitutional right for two individuals of the same sex to marry, polygamous
marriages and even marriages to pets are allowed by extension. The
constitutional right for these types of marriages is based up on the 14th
Amendment as well as the incorporation of the Bill of Rights. An individuals
basic rights and freedoms are not to be infringed upon by the state or federal
government, for they are given the right to life, liberty, and the pursuit of
happiness. Ultimately, it is up to an individuals own decisions and
preferences to determine what constitutes life, liberty, and happiness. If
same-sex couples argue that the ban of same-sex marriage violates their
privileges to a long-term romantic commitment for their own benefits and
well-being, polygamous couples should be able to argue the same
standpoint. This freedom of marriage inspires and encourages freedom of
love and personal choice for everyone who intends to seek love and comfort;
however, same-sex marriages and polygamous marriages are not based nor
judged on the same legal or ethical reasoning. It can be argued that
polygamous marriages foster an unhealthy and unideal objectification of
men and women alike, creating a destructive and inappropriate environment
for children to develop in. Whereas same-sex marriage promotes freedom of
love between all genders, polygamous marriages promote the complete
derogatory mistreatment of genders.
Machado v. Papelbon
Issue: During a game between the Washington Nationals and
Baltimore Orioles, Jonathan Papelbons high fastball pitch at Manny Machado
was deemed as an intentional attempt to physically hurt or injure Machado,
resulting in a three game suspension for Papelbon by the MLB. Does
Machado have any tort claims against Papelbon and how successful is
Machado?
Rules of Law: The definition of a tort is a civil wrongdoing other than
a breach of contract. Tort claims include battery and assault. Battery is the
offensive, unwanted, and harmful touching of another without consent in
order to cause harmful damages and injuries or create apprehension within
the other party. Assault is the desire and purposeful action to cause